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How it should be done
For health, social, administrative and other public services, the use of minority languages also
involves issues of access, quality and equality:45
As with the implementation of the human rights of minorities in public education, the principle
followed in many countries – broadly speaking – is proportionality: provision depends largely,
although not exclusively, on the number and concentration of speakers. This will determine the extent
to which and areas where the use of minority languages will be seen by the relevant authorities as
reasonable and practicable. This is effectively what is in place in a majority of the world’s countries
that use more than one language in their administration and in the delivery of public services.
Not all minority languages present on a state’s territory need to be used in the area of administrative
and public services – only languages where the number and concentration of speakers make it
reasonable and justified, in application of the principle of proportionality. Where minorities are
concentrated above a certain percentage in a given territory, region or local administration, they
have the right to use their language in administrative and other public service areas to an appropriate
and proportionate degree. The more serious the potential consequences are of not using minority
languages in a particular area of administrative or other public services, the more responsive
policymakers should be to addressing effective service delivery and communication with this segment
of the public through an appropriate degree of use of the relevant languages, as in the case of the use
of minority languages in public health care where effective communication can be a matter of life and
death. In applying the proportional principle, the employment of bilingual or multilingual employees to
provide public services in minority languages increases inclusion and the participation of minorities in
public life. Innovations such as using new technologies and the Internet offer encouraging approaches
to reaching small groups or widely dispersed minorities.
Legislation needs to codify how and where these rights can be exercised, and ensure that effective
mechanisms are in place to address and redress situations of non-compliance.
Good practices
•
In Iceland, the authorities use seven languages in addition to Icelandic (English, Polish, Serbian/
Croatian, Thai, Spanish, Lithuanian and Russian) to communicate and provide more effective
access to social or public information services through a Multicultural Information Centre and
telephone information services.
•
During the Ebola crisis in West Africa, the health departments of Sierra Leone, Guinea and Liberia
worked with UNICEF and other international organizations to communicate more effectively in
local minority languages through means such as radio dramas, printed materials, television
programmes and posters to reach as many people as quickly and effectively as possible in order
to save lives.
•
In Ireland, information from public housing services such as tenant welcome packs is provided
in languages other than Irish or English (either through translation or interpretation), where
appropriate and feasible, particularly if there is a large minority ethnic community in a local
authority.
45
Diergaardt et al. v. Namibia (note 12).